Cane Agro Energy India Ltd vs Union Of India And 9 Ors
2022 Latest Caselaw 12600 Bom

                                     1                    14. WP 914.09.doc

JPP

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
      ORDINARY ORIGINAL CIVIL JURISDICTION

           WRIT PETITION NO. 914 OF 2009
                       with
          NOTICE OF MOTION NO. 315 OF 2009

Cane Agro Energy Limited                           ... Petitioner

      V/s.

Union of India and Ors.                            ... Respondents

Mr. Manoj B. Bangal i/b. Amit Kumar Sale for the Petitioner
Ms. Jyoti Chavan, AGP for Respondent - State
Mr. Bhushan Walimbe i/b. Preeti Walimbe for Respondent No.7

                          CORAM : NITIN JAMDAR &
                                 GAURI GODSE, JJ.

DATE : 5 DECEMBER 2022

P.C. :-

On 19 May 2009, the following order was passed in this Petition :-

"Heard Counsel for the parties. In view of the Division Bench Judgment of the Court (Vazifdar and Borkar, JJ.) in the case of M/s. Khaja Industries v/s. State of Maharashtra, 2007 (6) All M.R. 887 and also unreported Division Bench Judgment of this Court (Daga and Bhatkar, JJ.) in The Nasik Merchants Co- operative Bank Ltd. v/s. Aditya Hotels Pvt. Ltd., dated 2 14. WP 914.09.doc

April 20, 2009 in W.P. 6041 of 2008 and in particular paragraph 36 thereof, no case is made out for grant of ad interim relief. This is none so when the impugned notice u/s. 13(2) of the Securitization Act is issued by the 2nd Respondent, Central Bank of India, which is a nationalized bank.

2. Thereafter, the Petitioner approached the Hon'ble Supreme Court and on 29 May 2009, the Hon'ble Supreme Court issued notice dated 20 March 2009 and direct that the impugned order of the High Court will remain stayed.

3. Thereafter, on 14 July 2011, the following order was passed :-

" The attention of the Court is drawn to an order dated 29 May 2009 passed by the Supreme Court in Petition for Special Leave to Appeal (Civil) No. 13812 of 2009, arising out of the order of the Division Bench dated 19 May 2009, declining to grant ad-interim relief. While issuing notice, the Supreme Court has stayed the demand notice dated 20 March 2009 as well as the order of the Division Bench of this Court. In view thereof, on the request of learned Counsel for the parties, the further hearing shall stand over to 14 September 2011. Liberty to the parties to apply if the proceedings before the Supreme Court are disposed of."

4. The Petition has remained pending and is listed on board pursuant to the directions to list all pending matters. The 3 14. WP 914.09.doc

learned Counsel for the Respondent No.7 states that the order dated 19 May 2009 and the order of stay granted by the Hon'ble Supreme Court was in the light of pendency of the case of M/s. Khaja Industries v/s. State of Maharashtra and the decision is now rendered by the Hon'ble Supreme Court and therefore, the matter can be proceeded with.

5. List the Petition on Board under the caption "For Directions" on 15 December 2022.

6. The learned Counsel for the parties will circulate the compilation of decisions before the next date.

                             GAURI GODSE, J.                 NITIN JAMDAR, J.

          Digitally signed
          by JYOTI
JYOTI     PRAKASH
PRAKASH   PAWAR
          Date:
PAWAR     2022.12.07
          11:53:18 +0530